What happens to your will if you suffer dementia?

What happens to your will if you suffer dementia?

If you suffer from dementia, your will remains valid as long as it was made while you still had legal mental capacity. However, if your dementia progresses to a stage where you no longer have capacity, you cannot create, change, or revoke a will at that point.

National Press Club address on Dementia

Dementia is cognitive decline interfering with day to day function. Alzheimer's is the most common cause.

There are 433,000 people diagnosed with dementia in Australia.

4.3 mil Australians are over 65. For older people dementia is the most feared disease. It is estimated that in 2058 850,000 people will have dementia in Australia.

Typically there is a period 2 - 3 years before diagnosis.
Professor Henry Brodaty mentioned if you are diagnosed with a stroke you are advised get your health in order.
If you are diagnosed with dementia you are advised to get your affairs in order.

Vulnerabilities and Associations

Some of the vulnerabilities for people suffering dementia include being susceptible to scams. The press club address used the example of bank tellers being trained to spot possible scams.

Hearing loss is a risk factor for dementia. Hearing aids ameliorate this.

There is a Dementia Depression - Depression Dementia relationship.

Some good news-:

In 1-2 years there will be a blood test for pre-alzheimer's.

New cost affective programs are being developed to reduce the affects of dementia.

Australia has been a leader in prevention - in campaigns like "slip slop slap". A similar approach is encouraging for dementia.

source: ABC National Press Club - Professor Henry Brodaty AO, Researcher, Clinician, Policy Advisor - "Australians need the 'slip, slop, slap' of brain health" 23rd July 2025

If You Made a Will Before Dementia

Your will remains legally binding.

It can be used to distribute your estate after your death, assuming no one successfully contests it.

If You Try to Make or Change a Will After Dementia Diagnosis

You must have testamentary capacity (the legal mental capacity to make a will).

That means you must understand:

• The nature and effect of a will
• The extent of your assets
• Who may reasonably have a claim on your estate

If there's any doubt, a medical assessment (e.g., from a GP or geriatrician) may be required at the time the will is signed.

Without capacity, any new will or changes could be deemed invalid.

What Families Should Do

• Act early: Make or update a will while still clearly of sound mind.
• Consider appointing an enduring power of attorney for financial and legal matters.
• Appoint an enduring guardian for health and lifestyle decisions.
• Keep records of medical capacity if there's any concern about future challenges to the will.

If dementia is already diagnosed and you're unsure if a will can be changed or updated, it's wise to speak with an experienced wills and estates lawyer.